In the case Marshall v. Barlow’s, Inc. in 1978, the U.S. Supreme Court
In the case Marshall v. Barlow's, Inc. in 1978, the U.S. Supreme Court ruled that the Fourth Amendment to the U.S. Constitution required a warrant for a nonconsensual OSHA inspection. Changes to 29 CFR 1903.4 allow OSHA to obtain warrants without the owner's knowledge under appropriate circumstances, which allow inspections to proceed without advance warning. However, in cases where OSHA shows up at a facility with no prior notice and does not obtain a warrant on an ex parte basis, the owner may require a warrant to be obtained prior to allowing an inspection to occur. Some companies have standing rules to require warrants for all inspections. Discuss the positive and negative aspects of requiring a warrant prior to allowing any OSHA inspection to occur at a facility. Provide sound reasoning for your answer.
Sample Answer
5-3 majority of the Court in this case of Marshal v Barlow declared warrantless searches of businesses by Occupational Safety and Hazards Act (OSHA) inspectors to be violations of the Fourth Amendment. Although the Court had allowed warrantless searches of gun and liquor dealers because of the special nature of those businesses, the Court found that obtaining warrants would not impose an undue burden on OSHA inspectors.
